Litigation & Trial Experience

Jeff has litigated complex commercial cases across the country. Complex litigation matters have included contract disputes, antitrust, securities, intellectual property, anti-terrorism, environmental, and international law. The value of the cases handled as lead counsel include a billion-plus dollar liability case, multiple cases with claims in the hundreds of millions, and a range of smaller matters.

Representative litigation matters include:

Lead counselfor $10 billion-company in multi-million dollar contract dispute regarding remediation of radiological contamination in St. Louis, Missouri. The remediation was overseen by the Nuclear Regulatory Commission. Litigation involved numerous experts in the remediation of radiological contaminated waste sites and fact witnesses located across the country. The case settled two days before trial. AECOM Technical Services, Inc. v. Mallinckrodt LLC (CA No. 1:12-CV-11382-PBS) (D. Ma).

Co-counsel representing Town in litigation against Fortune 500 Company for contamination of town drinking water supply and related costs under CERCLA and state law claims. City of Lake Elmo v. 3M Company. (CA 0-16-CV-2557-ADM-SER) (D. Minn) (pending).

Lead Counsel in defense of RCRA citizen suit for injunctive relief associated with contamination of sediments in the Penobscot River, one of New England's largest river systems and estuary. Month-long trial in Federal District Court involved testimony from 22 expert witnesses in various technical aspects of contaminated sediment issues including: fate and transport, stable isotope analysis, geochemistry of marsh areas. Case is currently pending decision. Natural Resources Defense Counsel and Maine People's Alliance v. HoltraChem Manufacturing Company, L.L.C. (CA No. 00-69-BW) (D. Me).

Lead Counsel in defense of state enforcement action seeking $250 million remedy to address mercury contaminated soils, sediments, and groundwater at RCRA and Maine Uncontrolled Hazardous Substances Site. Two week state administrative hearing led to modified order saving client $150 million. Mallinckrodt US LLC and United States Surgical Corp. v. Maine Department of Environmental Protection, (CA No. AP-2010-19) (Me Sup. Ct.).

Lead Counsel in defense of citizen suit against hydro power project owner seeking injunctive relief for alleged violations of the Endangered Species Act (ESA). Plaintiffs alleged that the hydro power project at issue was taking Atlantic Salmon in violation of the ESA.The Court granted defendant's Motion to Dismiss and no claims for attorney fees were awarded. Friends of Merrymeeting Bay and Environment Maine v. Miller Hydro Group, (CA No. 2:11-CV-00036-GZS) (D. Me).

Lead Counsel for company in defense of citizen group challenge to environmental permits associated with $60 million project. Environmental permits were issued under Maine's Site Location of Development Act and Natural Resources Protection Act. Environmental permits were upheld after administrative hearing. Androscoggin River Alliance et al., v. Maine Board of Environmental Protection (CA No. AP -11-44) (Me Sup. Ct.).

Lead Counsel in major Clean Water Act case against fourth largest coal company in the United States for penalties and injunctive relief to address thousands of NPDES permit violations spanning several states. Worked with EPA to evaluate environmental compliance of coal company facilities with applicable environmental statutes. Developed case under the Clean Water Act against the parent company and numerous subsidiaries. Obtained company wide injunctive relief valued at $10 million and a $20 million penalty, which was the largest civil penalty ever paid for Clean Water Act permit violations at the time and is still one of the largest penalties paid for such violations. United States v. Massey Energy, (CA No. 90-5-1-1-08470) (S.D. W. Va.).

Co-counsel in first Clean Air Act case brought pursuant to EPA's Pulp & Paper Initiative under the federal New Source Review Program. First phase of this case involved a week-long trial in Maryland U.S. District Court regarding the availability of Best Available Control Technology for alleged violations of EPA's Prevention of Significant Deterioration Program. United States v. Westvaco Corp., (CA-MJG 00-CU-2602) (D. Md.).

Co-counsel representing the U.S. Department of Interior in civil action to recover natural resource damages for harm to Rocky Mountain National Park in Colorado. Case settlement obtained on eve of trial for the largest natural resource damages recovery to date under the Park Services Resource Protection Act. United States v. Water Supply & Storage Co., et al., (CA No. 06-CV-01728-REB-MJW) (D. Colo.).

Lead and Co-counsel in several natural resource damages cases under CERCLA, including representation of a large oil company in state lead natural resource damage case, representation of the Department of Interior in settlement negotiations of natural resource damages from mercury in the South River in Virginia, and representation of the Department of Interior in settlement negotiations of natural resource damages at Palmerton Site in Pennsylvania.

Co-counsel in Clean Water Act case against sanitary sewer district serving 1.6 million people to obtain penalties and injunctive relief for hundreds of sanitary sewer overflows. United States v. Hampton Roads Sanitation Dist., (CA No. 2:09-CV-481). (E.D. Va.).

Lead Counsel in EPA multi-media investigations of mining and pharmaceutical facilities pursuant to the Clean Air Act, Clean Water Act, RCRA, EPCRA, TSCA.

Lead Counsel in defense of CERCLA cost recovery case in Southern District of Ohio brought by Brownfields redevelopment company. Case is pending.

Lead counsel for Plaintiffs in toxic tort litigation in California involving exposure to high levels of copper in drinking water. James Vogeler, et al. v. Culligan Water of Orange County, et al. (Case No. 30-2012-00588355) (Superior Court, Orange County, Ca)(pending).